- (1.) A. B. Srivastava, J. Heard learned Counsel for the petitioner Shri R. G. Padia and Shri Padia and the learned Standing 'counsel Shri S. K. Srivastava.
(2.) THE petitioner by means of this writ petition has sought quashing of an order dated 27-6-1992 contained in An-nexure-II to the writ petition passed by respondent No. 1 Director (Homoepathic, Colleges U. P. Lucknow transferring the petitioner from Rajkiya Durgaji Homoeopathic Medical College Azam-garh to Rajkiya Mohan Homoeopathic Medical College Lucknow, on the post of Stenographer. The petitioner was appointed Stenographer in Rajkiya Durgaji Homoeopathic Medical College Azam- garh in 1977 i. e. before the provincialisa-tion of the private Homoeopathic Col leges. He claims to have been placed in the lower pay scale of the post of stenographer and made representations for awarding higher scale from the respondents. The Private Homoeopathic Colleges in the State of U. P. were provincialised by means of the U. P. Act 21 of 1981 published in the Government Gazette, dated 24-10- 1981. The petitioner contends that although there is no post of stenographer in any Homoeopathic Medical College outside Azamgarh, he has been transferred by the respondent No. 1 by the impugned order, dated 27-6-1992 to Homoeopathic Medi cal College Lucknow. The said order is stated to be arbitrary and violative of Ar ticles 14 and 16 of the Constitution. The contention in the writ petition is that the pay scale of Stenographers has been revised w. e. f. 1-1- 1986 to Rs. 1200/-2040 and the same is admissible to the petitioner. The impugned transfer order, it is alleged is perfectly valid as it has been done with a view to provide non-teaching staff to the various Medical Colleges in the State.
(3.) THE contention on behalf of the petitioner raised by his learned Counsel that the transfer is bad because there did not exist a post of Stenographer in the Homoeopathic Medical College at Luck-now need hardly detain in us in view of the fact that, the transfer order itself shows that post in the prescribed scale of pay stand transferred in respect of all non-teaching personnel transferred all over U. P. by the impugned order. THE petitioner, thus will continue to hold the post of Stenographer in the scale of pay admissible to him under the rules. The next plea about lack of power with State respondents to transfer an employee of the Homoeopathic Medical Colleges from one place to another is also without substance, insofar as Section 6 of U. P. Act No. 21 of 1981 is not relevant in this regard, whereas Section 4 of the Act clearly grants power to the State Govern ment to direct teachers and other employees of such colleges to be trans ferred from one College to another.;